Co-ownership
In Belgium, co-ownership of apartments is governed by the specific provisions on forced co-ownership of buildings set out in the Civil Code. This legislation underwent major reforms in 2010 and 2019, aimed at more flexible decision-making and more efficient management.
What we do for you
- Review and drafting of bylaws and deeds of co-ownership
- Assistance at general assemblies
- Disputes between co-owners or with the Association of Co-owners (ACO)
- Assistance to property managers (syndics) in legal disputes
- Division of co-ownership and exit from joint ownership
Majority requirements for decisions
The majority required for decisions of the general assembly depends on the nature of the decision and the applicable legal provisions. Simple majority: day-to-day management 2/3 majority: works and acts of disposition concerning the common parts 4/5 majority: including changes to the intended use of private units Unanimity: required in certain cases ⚠ The exact majority requirements depend on the nature of the decision, the bylaws and the applicable legal provisions.
For whom?
Apartment owners, Associations of Co-owners (ACO), property managers (syndics), real estate developers and investors in apartment buildings.
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Frequently asked questions
Can I challenge a decision of the general assembly?
In principle, you can challenge a decision before the Justice of the Peace when it is contrary to the law, the bylaws or the general law. The claim must in principle be filed within 4 months after becoming aware of the decision.
What if the property manager (syndic) fails to fulfil their obligations?
You can hold the property manager liable for their faults and request their dismissal at the general assembly. In urgent cases, summary proceedings may be considered.
How do I exit joint ownership if my co-owner refuses to sell?
In principle, no one can be forced to remain in joint ownership (Art. 815 of the Civil Code). You can claim a judicial division.
Is the Association of Co-owners liable for damage to my private apartment?
When damage is caused by a defect in the common parts, the Association of Co-owners may, as a legal entity, be held liable, depending on the circumstances and the cause of the damage.
Do you have a question about co-ownership? Contact us without obligation.
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